Engelgardt A.A. Assessment of crimes as a continuous act or multiplicity (on the example of cybercrimes)

Abstract: The object and subject of this research consist in a content of legal regulation and practice of implementation of the structure of a continuous crime as a type of a complex instantaneous crime. The particular relevance of this research lies in the fact that this article examines the question of distinguishing the continuous crime from the multiplicity of crimes. The author establishes a system of general criteria of distinguishing between the evaluated criminal acts, and offers specific signs that if taken into account in the cases of certain traditional types of crimes (accepting bribes, for example) would allow to differentiate the multiplicity of crimes from a continuous act. The problem of criteria of distinguishing a continuous crime from the multiplicity is reviewed in detail in article on the example of committing crimes in the sphere of computer information (chapter 28 of the Criminal Code of the Russian Federation). The article reviews the acting orders of the Supreme Court of the Russian Federation and the assessment of their positions within criminal law literature.

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